- 2 - under section 6654(a).1 This case is before the Court on respondent’s motion to dismiss for failure to state a claim upon which relief can be granted and to impose a penalty under section 6673 (motion to dismiss). Background When the petition in this case was filed, petitioner resided in Maryville, Tennessee. Petitioner failed to file an income tax return for 2003. In addition, he failed to pay any tax for 2003, including estimated income tax. On September 26, 2005, petitioner filed a petition with the Court seeking judicial review of respondent’s aforementioned determination of the deficiency and additions to tax for 2003. In the petition, petitioner alleges he was required to file a return only if (1) the Secretary through a designated delegate obtained approval from the Office of Management and Budget (OMB) for a valid control number appearing on the form petitioner is required to file and authorizing the collection of income tax information and (2) petitioner’s income exceeds the exempt amount under section 151(d). No meaningful facts supporting 1Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the year at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011